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(영문) 서울중앙지방법원 2018.04.27 2017가단5180085
구상금 등 청구의 소
Text

1. As to KRW 37,832,585 and KRW 37,095,255 among the Plaintiff, Defendant A shall be from August 25, 2017 to December 3, 2017.

Reasons

1. Facts of recognition;

A. On June 10, 2015, the Plaintiff entered into a credit guarantee agreement by setting the credit guarantee principal of KRW 40,500,000 and the term of guarantee as of June 9, 2016, and Defendant A received a loan of KRW 45,00,000 from a new bank on June 9, 2015 based on the credit guarantee certificate issued by the Plaintiff.

B. According to the above credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, Defendant A shall also pay to the Plaintiff the amount of performance of the guaranteed obligation, penalty for unpaid guarantee fee, and expenses incurred in legal procedures for the enforcement and preservation of claims.

(Article 10 of the Credit Guarantee Agreement).

The term of guarantee has changed from June 9, 2017 to June 9, 2017 due to Defendant A’s failure to repay the loan by the due date for the repayment of the national tax is delinquent on April 26, 2017, and the same year.

6. 12. The Plaintiff subrogated for KRW 37,095,255 to the new bank on August 25, 2017.

The Plaintiff’s rate of delay damages is 10% per annum from February 1, 2016 to June 10, 2017, and penalty is 144,590 won (=36,550,000 won x 1.9% x 76 days/365 days) from June 10, 2017, which was the date after the last payment of the guarantee fee, to August 24, 2017, and the Plaintiff spent 592,740 won for the purpose of preserving the claim for indemnity on August 14, 2017.

E. On November 2, 2016, Defendant A completed the registration of ownership transfer made on October 31, 2016 to Defendant B on the real estate listed in the separate sheet, which was the only property in excess of debt.

[Evidence] Each statement of Gap evidence Nos. 1 through 9, each fact inquiry result between the Minister of Court Administration and the President of the Korea Credit Information Institute

2. Determination

A. According to the above facts, Defendant A’s reimbursement amounting to KRW 37,832,585 (i.e., the principal of the subrogated reimbursement amounting to KRW 37,095,255,250 (amounting to KRW 144,590 by subrogation) and KRW 37,095,255, whichever is the date of subrogation, from August 25, 2017 to December 3, 2017, which is the date of delivery of a copy of the instant complaint, to KRW 10% per annum under the agreement, and from the following day to the date of full payment.

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